logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.02.10 2016고단6148
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the head of the “D” childcare center located in the Cheongbuk-do Cheongbuk-gun C, and the victimized child E ( South, 26 months) was a child who was a source of the said childcare center from September 1, 2015 to May 30, 2016.

At around 14:52 on May 26, 2016, the Defendant: (a) reported that the victimized child E takes a accumulated part in the room room; and (b) committed emotional abuse that threatens the victimized child to the victim’s face at least three times by threatening the victim’s face; and (c) committed emotional abuse that harms the mental health and development of the child on May 24, 2016 from around 10:19 to May 14:52, 2016, such as the written list of crimes in the attached list of crimes, thereby damaging the child’s body or undermining the physical health and development of the child’s health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in each police statement with respect to F and G;

1. Application of each of the Acts and subordinate statutes stated in the report of internal investigation (Attachment of damaged photographs), CCTV closure photographs, and written opinions;

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 (a) of the Child Welfare Act, Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 7 of the Act on Special Cases concerning the Punishment, etc. of Each Child Abuse, Article 71 (1) 2 and Article 17 subparagraph 5 (a) of the Child Welfare Act, and each choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable sentencing conditions among the reasons for sentencing) was that the Defendant, as the head of a child-care center, was in a position to prevent the abuse of the victimized child, and the instant abuse was committed once.

arrow